Quick questions on Consumer Rights

derrick

Aylesbury_Duck said:

derrick said:

Aylesbury_Duck said:

Sounds like it's a toss-up between whether it's worth your while driving to the other store to get the refund, or going through a letter before action process threatening a court claim.  What's the value involved and which route do you prefer?

Value is £18.00, but is is more the principal that they should be able to get away with it.

 I think I will do a letter before action, however finding an address for HO is proving a little difficult as is a phone number for CS as I pointed out above, I have filled out an online complaint and may wait a few days to see if a response appears.

The nearest store is a round drive of about 40-45 miles and would cost about £7.00 in petrol and I do not see why I should be put through that action, as it is clear to me I have a legal contract with that store re the receipt, i.e. the retail store I paid the money to.

I agree with Fosterdog, and now I know the value, you don't really have the 'action' part of letter before action anyway. No court is going to entertain a claim for £18, so it's an empty threat. 

Why would it be an empty threat?

The court fees start at "claim up to £300. paper claim £35. online claim £25."

https://www.gov.uk/make-court-claim-for-money/court-fees

Up to £300. includes anything from £1 upwards so why should a court not entertain a claim for £18.?

derrick

Fosterdog said:

Even if you sent the LBA and they agreed to refund you they can still insist that you return the goods to one of their currently operational stores, you don't get to keep the goods and get a refund. It's no secret that Homebase has been in trouble for quite a while, my three nearest stores have all closed or taken over by other companies, you just got unlucky that your nearest store was next on their list to be bumped off, they haven't done it as a personal slight against you or to deliberately deceive you.

There is nothing on the receipt to say that.

I would not want to keep the goods.

I am not saying they are doing it personally against me.

The receipt is a legally binding contract and a judge should award the claim to me without a hearing, just on the papers submitted.

Aylesbury_Duck

Go for it then. 

Spank

With the backlog in the courts atm Homebase might have gone to the wall before your claim gets sceen.

derrick

First response from Home base:

Your request (*****) has been updated. To add additional comments, reply to this email.

Customer Services (Homebase) 22 Nov 2020, 15:27 GMT

"Good Afternoon
I am sorry but once a store goes into the closure mode they are unable to process refunds unless the product is faulty, there are notices at the tills to advise of this, you are able to return to any other Homebase with the till receipt as long as the goods are i a saleable condition.
Kind Regards
Diane

Customer Services
Homebase"

Second response after I replied stating my legally binding contract re receipt and informing I would take court action:

Your request (542448) has been updated. To add additional comments, reply to this email. Customer  Services (Homebase) 23 Nov 2020, 09:53 GMT "Good Morning I am sorry to hear this , please forward your full name postal address and a day when it would be suitable to collect the items which must be packaged Monday to Friday  so we can collect and refund the amount which would be in the form of a cheque? Thank you Kind Regards Diane"

Aylesbury_Duck

Good result.

Were_Doomed

Indeed. You went into the "this will become difficult and a waste of our resources so we'll just let them have their way" pile.

AlbertJBeaver

I bought 5 rolls of wallpaper of a well known brand.  2 rolls were hung and on opening the third roll it was found to have faulty print.
Am I legally entitled a refund for all 5 rolls.
Haing bought replacement wallpaper, where do I legally stand with the extra cost of stripping the wallpaper and rehanging effectively 2 rolls of wallpaper.
As this discussion with the shop has been going on for nearly 2 months, not helped by Covid restrictions, I am looking at Money Claim Online.

Sotontraveller

On 14th July 2020 I bought an e-scooter for my grandson from Halfords and paid £469.00 + £10.00 by credit card.  On the 10th August, the brake handle came off in his hand whilst out riding. He had to jump to safety.

The Halfords store manager (Bromley, Kent) refused to replace despite being within 30 days of purchase.  We were referred to Customer Service who referred us to Xiomi with a standard email saying “If you experience any problems whilst your scooter is under warranty, please contact the Xiaomi UK helpline on 0800 916561 or uk@xiaomi.com so they can diagnose the issue.  If your scooter requires a repair Xiaomi will collect, repair and replace.”  Xiomi in turn referred us to their repairers, SBE, which initially I thought might replace.  Instead, they quoted £82.42 for repair.  Given the nature of the purchase (18th birthday present), I agreed to go ahead.  The repair was quickly and efficiently handled by SBE.

I was, nevertheless, unhappy about (1) Halfords direct contravention of the Consumer Retail Act, 2015, and (2) having to pay an additional £82.42 for repairing what could well be a faulty e-scooter. 

To cut a long story short, I started the Resolver claim process.  After persistence and the threat of court action, I eventually got the attention of the Head of Customer Services. More long email discussions continued. In January 2021, I achieved two of my three goals (a)  Replacement of the e-scooter, and (b) refund of the £82.42 paid for the repairs.  I did not gain agreement to changing their emailer informing customers of their need to go directly to the manufactures. The last Customer Service agent has undertaken to “pass your concerns and feedback onto the relevant team so that it can be looked into further, including the T's&C's”.

I discussed the situation with Citizen’s Advice. CA lodged the complaint with Trading Standards.  I put in a claim to my credit card  (M&S) which agreed to refund all.  I chose to decline as I felt it was morally wrong that M&S stakeholders pay for Halfords’ lack of adherence to UK law.

Do you have any suggestions how pressure can be put upon this private company ?

uksuzy

A Guaranteed lowest price promise in UK. How long is this valid for? I took up quote due to promise & had item fitted. Less than 30days since quote & found exactly the same with another company over £1000 cheaper. Company will not honour promise as now its fitted. Is this right?
I could have had a better Warranties with other company too!